Statement by Senator Dianne Feinstein in Opposition to the Nomination of Judge John G. Roberts Jr. to be Chief Justice
Washington, DC – Senator Dianne Feinstein (D-Calif.) today voted to oppose the nomination of Judge John G. Roberts Jr. to be Chief Justice. The following is the text of the statement Senator Feinstein delivered during the Committee meeting:
There is no question that Judge Roberts is an extraordinary person. I think there is no question that he has many stellar qualities, certainly a brilliant legal mind and a love and abiding respect for the law, and I think a sense of its scope and complexity as well.
But before taking the momentous step of agreeing that a nominee serve as the Chief Justice of our Supreme Court, for what in this case could be over 30 years, I wanted to have a reasonable sense of confidence that he would uphold certain essential legal rights and protections that Americans rely on, and rights that reflect the values and ideals that make our country so great.
I don’t ask for certainty.
I don’t ask for promises – especially as to how a nominee would rule in any case in the future – even one as important as Roe v. Wade.
But I ask for some ability to find a commitment to broad legal principles that form the basis of our fundamental rights:
· Equal protection under the law, and the ability to remedy discrimination.
· A basic right to privacy that extends from the beginning of life to the end of life.
· The ability of the American public to elect representatives that have the constitutional power and authority to protect and respond to America’s safety, social, and environmental needs; and
· A view of Executive Power that extends deference – but within the law.
It’s important to know that a Justice will be willing to at least start with these fundamental rights.
In making the judgment as to how Judge Roberts evaluates these fundamental rights, I must start with his record.
As a young lawyer in government service, he was involved in the most important issues of the day and issues that continue to be critical to this day. He was in positions to advise the most important lawyers in the Executive Branch.
In these positions, he advanced arguments opposing many of these fundamental rights, and, when asked whether he disagreed with any of those positions today – some even more extreme than his superiors adopted – he did not disagree with virtually any of them.
I asked him about a series of written comments and margin notes that appeared to demonstrate a denigrating view of issues impacting women.
I said it appears he used a very acerbic pen or else he really thought that way. Then I gave him an opportunity to distance himself, to say that he was a young lawyer and would not use that language today, or whatever it might be, to distance himself.
I expected him to admit that the derogatory comments about women were wrong or that at least he regretted making them.
Instead, Judge Roberts responded, “Senator, I have always supported and support today equal rights for women, particularly in the workplace.”
When Senator Schumer asked him a similar question he received a disappointing response.
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